Posted by Lisa5179 on 9/27/04 7:58pm
Msg #8963

Texas Acknowledgement by california notary

Hi there- I am a new notary in california and my first job was an acknowledgment for a Texas warranty deed. The verbage used for the acknowledgement is different than that of california and there is no place for my signature. Am I supposed to attach an all purpose one? A few local notaries said to fill out the texas statement changing the state and county but I think they are wrong. Let me know. Thanks.

Reply by Jon on 9/27/04 8:11pm
Msg #8964

You choose

You can do either. Ca law allows a notary to complete a certificate from a different jurisdiction, as long as the certificate does not require the notary to determine or certify capacity or any thing else not allowed by Ca law. If you use the Texas certificate, you would have to change the venue.

Reply by Sweetpea on 9/27/04 8:20pm
Msg #8965

Upon reviewing Civil Code 1189(c) "On documents to be filed in another state or jurisdiction of the United States, a California notary public may complete any acknowledgement form as may be required in that other state or jurisdiction on a document, provided the form does not require the notary to determine or certify that the signer holds a particular representative capacity or to make other determinations and certifications not allowed by California law". Therefore, you can complete the acknowledgement provided. Good Luck!!!

Reply by Lisa on 9/27/04 8:59pm
Msg #8966

Thanks to the both of you who replied. I appreciate it.